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WA Violence Restraining Order - Can I Sue for Mental Anguish?

Discussion in 'Personal Injury Law Forum' started by Benjamin Woonings, 21 September 2016.

  1. Benjamin Woonings

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    I recently had a Violence Restraining Order placed against me wrongfully. I am contesting it but it has caused me quite a lot of stress and anxiety. Am I able to sue the person who took the Vilence Restraining Order out on me for mental anguish/distress?
     
  2. Rod

    Rod Well-Known Member

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    Yes, a couple of different options exist.

    Malicious Prosecution. But it is not necessarily easy proving your case. It is up to you to prove, amongst a few other things, that the case against you was motivated by malice and was unreasonable (eg not based of facts or genuine belief).

    Defamation is a possibility depending on what was said and who to. Telling police and/or court does not count for defamation.
     
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